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Frequently Asked Questions about Wages and Benefits

Q: How often does the minimum wage increase?

A: No regular increase schedule exists. The federal minimum wage was $5.15 per hour for 10 years until raised by Congress on July 24, 2007, to $5.85 per hour. Congress scheduled additional 70-cent increases for the same day each in 2008 and 2009. Most states have enacted their own minimum-wage provisions, several of which are higher than the federal rate. In any given state, the higher of the state or federal rate will apply to workers covered under both schemes and the state rate will apply to employees not subject to the federal law.

Q: What is the prevailing wage?

A: Federal laws and those in most states require that private employers with government contracts pay their employees working on these public contracts the prevailing wage, meaning no less than the usual wages and benefits that comparable workers in the locality are paid. The prevailing wages for workers employed under government contracts are determined by government laws or regulations.

Pensions are an important part of the wages and benefits employees receive. As the baby-boom generation ages, and as workers become increasingly anxious about the continued stability of the Social Security system, pensions sponsored by an employer will become even more important to employees. Federal law regulates the operation of most pension plans.

Wage and Benefits Information

California labor law as it regulates wages, overtime, and benefits is complex, and employers and employees need information and informed counsel which protects their interests. At Walters & Caietti, our lawyers have extensive experience in this challenging and always-changing area of the law. We can provide advice designed to preserve your rights and protect your interests.

Information on various topics in employment law appears below.

For a free initial consultation with an employment law attorney at Walters & Caietti, call toll free 866-623-5655, or contact us online

Wages and Benefits - An Overview

The laws and regulations that govern wages and benefits in employment are complicated and difficult to understand, often involving federal, state and even local requirements. An employment law attorney can help you cut through the confusion and clarify your rights.

Wages

Originally designed to curb oppressive working hours and decrease poverty among Depression-era workers, the Fair Labor Standards Act of 1938 (FLSA) is still today the main federal legislation regulating minimum wage and overtime pay. Each state also has its own wage-and-hour laws that sometimes provide added advantage and protection to workers.

Wages and Overtime

We go to work every day to earn money to support ourselves and our families. Monetary compensation influences heavily which jobs we pick, whether we work or retire and where we live. Federal and state governments have enacted many laws to protect your interest in receiving fair pay for your hard work. An experienced employment law attorney can help you take advantage of the protections offered by those laws.

Family and Medical Leave

The federal Family and Medical Leave Act (FMLA) is a law that allows certain employees to take extended time off for particular family or medical needs. Additional leave may be available through more generous state laws, collective-bargaining agreements or employer-provided leave programs. An employee rights lawyer can advise you of your particular entitlement to family or medical leave.

Domestic-Partner Benefits

Increasingly employers are offering to their unmarried employees in domestic partnerships the same or similar benefits as those provided to married couples. Usually the employer's offer of domestic-partner benefits is voluntary, but sometimes these benefits are required by law. An experienced employment law attorney can answer your questions about domestic-partner benefits.

Military Leave

US military personnel, including reservists and members of the National Guard, are often called for tours of duty or periods of training during which they must leave their civilian jobs. This raises issues of re-employment and continuation of medical coverage and other employment benefits. An attorney with experience in employment law at our firm can advise you about your employment rights as a member of the armed services.

Wages and Benefits Resource Links

Wage and Hour Division (WHD)
Federal Department of Labor (DOL) division charged with enforcing laws important in the workplace, such as minimum-wage and overtime laws.

FairPay
Explains the rules for determining which employees are exempt from overtime pay requirements.

Minimum Wage Poster
Copy of the poster on minimum-wage, overtime and child-labor laws employers subject to these laws must post at their workplaces.

Bureau of Labor Statistics (BLS)
Statistical information on wages, earnings, employment and other related topics.

Uniformed Services Employment and Reemployment Rights Act (USERRA) Advisor
Advice for veterans about their rights to re-employment and other benefits after absences for military service.

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